COA: Officer’s Failure To Take Oath Doesn’t Nullify Charges
Dave Stafford for www.theindoanalwyer.com
A northern Indiana police officer’s stop and subsequent arrest of an impaired driver was valid even though the policeman had not taken his oath of office, the Indiana Court of Appeals ruled Friday.
Eberaia Fields was pulled over by Warsaw Police Department officer Miles Reichard on a license-plate light infraction. But because of the stop, he later was charged with Level 6 felony operating a vehicle while intoxicated, two counts of Level 6 felony intimidation, and Class C misdemeanor violation of special-driving privileges. Authorities also charged Fields also as a habitual vehicular substance offender.
Fields filed a motion to dismiss the charges after learning Reichard had not been sworn as an officer at the time of the traffic stop. Fields’ motion was denied in the Kosciusko Superior court, prompting this interlocutory appeal in which the COA affirmed the trial court, citing the de facto officer doctrine. The panel found Fields claimed the office of a Warsaw policeman when he accepted the job and began working for the department.
“We find that Officer Reichard’s failure to take the oath is a technical defect in his title to office. But because the record shows that Officer Reichard claimed the office, was in possession of it, and performed its duties under the color of appointment, we conclude that he was acting as a de facto officer at the time of the stop. We therefore affirm the trial court’s denial of Fields’s motion to dismiss the charges against him,†Chief Judge Nancy Vaidik wrote for the panel in Eberaia Fields v. State of Indiana, 43A03-1704-CR-856.
“To conclude otherwise and to dismiss the charges against Fields would run counter to the very purpose of the de facto officer doctrine, which is to insure the orderly functioning of the government despite technical defects in title to office,†Vaidik wrote.
Attorney General Curtis Hill Asks Consumers To Contact His Office
Attorney General Curtis Hill  advised consumers to contact his office if they have been penalized for posting truthful online reviews of goods or services they have received.
The advice comes on the heels of a Dec. 15, 2017, lawsuit filed in Brown County by the Office of the Attorney General against Abbey Management Inc., a business that maintained a written policy of charging consumers an additional $350 and threatening them with legal action in the event they posted negative reviews. At least one consumer was charged this additional fee after posting a negative review. The defendant’s actions in maintaining and enforcing this policy were unfair, abusive and deceptive – and they violated Indiana’s Deceptive Consumer Sales Act.
“People have the right to truthfully complain about bad service,†Attorney General Hill said. “They certainly should not be afraid they might be penalized for exercising this right. If you believe you have suffered retaliation or been threatened as a result of posting a truthful review, please contact our office and we will investigate your complaint.â€
In Indiana, individuals may file consumer complaints with the Office of the Attorney General by going online to indianaconsumer.com or by calling 1-800-382-5516.
Attached are two documents connected to the Brown County case – a copy of the lawsuit and the original consumer complaint.
Adopt A Pet
Meowth is a 1-year-old male buff tabby. He’s a friendly, funny guy who gets along great with other cats. He is up for adoption at River Kitty Cat Café! His adoption fee is $30 and includes his neuter, first vaccines & deworming, and registered microchip. Contact Vanderburgh Humane at (812) 426-2563 or River Kitty at (812) 550-1553 for details!
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HOT JOBS IN EVANSVILLE
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Vanderburgh County Coroner’s Results to decomposed body
On 12-22-2017 the Vanderburgh County Coroner’s office and the Evansville Police Department responded to Bellemeade Ave. in regards to suspected decomposed human remains being located.  The discovery was confirmed as human and removed from the scene to the morgue for additional examination. As a result of this the victim was identified as Erica M. Bradfield aka Erica Fox, age 41. An autopsy was conducted and it was determined that she died from a gunshot wound to the head. The death was ruled a homicide.  The Evansville Police Department is continuing to investigate the death and can provide details as to its progress.
CHARITABLE GIVING-IT’S AN AMERICAN TRADITION
By Tom Purcell
Ah, the giving season is upon us – the best time of the year to be an American.
According to Giving USA 2017: The Annual Report on Philanthropy for the Year 2016, American giving rose to $390 billion last year – a 3 percent increase over the prior year.
Americans give around 3 percent of our collective income to charity – more than the citizens of any other country. Better yet, these are individual Americans, not the government, who are generating the lion’s share of the contributions.
According to the National Philanthropic Trust, the vast majority of U.S. citizens donate to charity – and 91 percent of high net-worth households do. Though most of the contributions come in small amounts, the average household contribution equals $2,520 – no small amount of generosity.
Giving USA says individual Americans gave an estimated $281.86 billion in 2016 – an increase of 3.9 percent over the prior year. Individual giving accounted for 72 percent of all charitable giving in 2016.
The balance of giving, some 28 percent, came from foundations ($59.28 billion), bequests ($30.36 billion) and corporations ($18.55 billion).
In 2016, the United States government gave about $40 billion in foreign aid to more than 100 countries – only about 10 percent of what our individuals and private organizations gave.
The fact is America is the most generous country on Earth, and most of the giving is coming from individuals sharing their hard-earned dough.
According to a 2006 report by journalist John Stossel, Americans give 3 1/2 times more, per capita, than the French, 7 times more than the Germans and 14 times more than the Italians.
Though not all Americans are as generous as they could be.
One might assume that the more liberal folks in America – folks who voice their concerns about the poor – would be more likely to donate to charitable causes. But that turns out to be a myth.
Stossel set up a Salvation Army bucket in two places: Sioux Falls, S.D., and San Francisco, Calif. San Francisco has a lot more dough and a lot of people who classify themselves as politically liberal; only 14 percent of the people who live there attend church. Sioux Falls is a rural, middle-class community in which half the folks are churchgoers.
So which city gave more? The Sioux Falls folks won hands down. Stossel pointed out that the simple reason why is that liberal folks tend to believe the government should take care of the poor, whereas more religious folks tend to be big believers in giving their own time and money to help a variety of charitable causes.
Stossel found, in fact, that almost all the people who donated to the Salvation Army in Sioux Falls were churchgoers. And that churchgoers are four times more likely to give to charity than those who are not.
Another interesting finding was that the people who give the most, as a percentage of their wealth, aren’t the richest Americans or even middle-class Americans – they’re the folks on the lower end of the economic scale. They give almost 30 percent more of their income than anybody else.
In any event, the holiday season is upon us, and it is the favorite time of the year for Americans to give to individuals and to the charities of our choice.
Bolstered #GivingTuesday, a global day of giving that now falls on the first Tuesday after Thanksgiving, the giving season is off to a great start. On #GivingTuesday, more than 2.5 million individuals donated $274 million – nearly $100 million more than last year.
As I said, it’s the giving season, the best time of the year to be an American.